Effect given to the recommendations of the committee and the Governing Body - REPORT_NO325, June 2001

Effect given to the recommendations of the Committee and the Governing Body

1. 89. The Committee last examined this case at its November 2000 meeting when it requested the Government to engage immediately in discussions with the All Ukrainian Trade Union “Solidarinost” with a view to establishing the data necessary for its registration and to indicate to the union any purely procedural formalities which might still need to be carried out by the union so that it may be registered without delay. The Committee further called upon the Government to take the necessary measures without delay to ensure the reactivation of the union’s bank account [see 323rd Report, paras. 506–524].
2. 90. In communications dated 29 March and 5 May 2001, the Government indicates that the All Ukrainian Trade Union “Solidarinost” had lodged an appeal with the arbitration college to review the ruling by the Supreme Arbitration Court dated 6 April 2000. The arbitration college upheld the Supreme Arbitration Court’s previous ruling and a subsequent protest was made to the Arbitration Presidium which, on 15 February 2001, also upheld the original ruling. The Government adds that the trade union has thus far not submitted the documents required for registration.
3. 91. The Committee takes due note of this information. It recalls, however, that the Government had been requested to engage actively in discussions with the All Ukrainian Trade Union “Solidarinost” with a view to establishing the data necessary for its registration. It further recalls that at the time of its initial examination of this case, the Committee had also noted the difficulties of registration arising out of the provisions of the Act on Trade Unions, their Rights and Safeguard of their Activities which, it had concluded, were not compatible with the provisions of Convention No. 87 (ratified by Ukraine) and which were subsequently found unconstitutional by the Constitutional Court of Ukraine. In this regard, the Committee notes with interest the ILO technical assistance mission which took place in Ukraine from 23 to 27 April 2001 to advise, inter alia, on the legislative provisions concerning registration. It hopes that the Government will take the necessary measures in the near future to ensure that the registration requirements do not place obstacles in the right of workers to form organizations for the defence of their social and economic interests and that such measures will also facilitate the registration of the All Ukrainian Trade Union “Solidarinost”. It requests the Government to keep it informed of the progress made in this regard as well as the measures taken to ensure the reactivation of the union’s bank account.